QLDQCA
Coley v Nominal Defendant [2003] QCA 181
[2003] QCA 181
Court of Appeal (Qld)|2003-10-18|Before: McMurdo P, Jerrard JA and Mackenzie JSeparate, reasons for judgment of each member of the Court, McMurdo P and Jerrard JA, concurring as to the orders made, Mackenzie J, dissenting
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Source factsCourt
Court of Appeal (Qld)
Decision date
2003-10-18
Before
McMurdo P, Jerrard JA and Mackenzie JSeparate, reasons for judgment of each member of the Court, McMurdo P and Jerrard JA, concurring as to the orders made
Catchwords
- APPEAL AND NEW TRIAL – RIGHT OF APPEAL – WHEN APPEAL LIES
- – ERROR OF LAW – where appellant suffered personal
- injury in motor
- accident – where learned primary judge held that the Motor Accident
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – RIGHT OF APPEAL – WHEN APPEAL LIES– ERROR OF LAW – where appellant suffered personalinjury in motoraccident – where learned primary judge held that the Motor AccidentInsurance Act 1994 (Qld) had no application to the facts of the case- where learned primary judge struck out parts of the Amended Statement of Claim- whether the injuries sustained by the appellant were caused wholly or partlyby the unidentified motor vehicle - whether the learnedprimary judge erred inlaw and in factDickinson v The Motor Vehicle Insurance Trust[1987] HCA 49(1987) 163 CLR 500, distinguishedEvans v Transit Australia Pty Ltd[2002] 2 Qd R 30, consideredMani v Nominal Defendant [2002] QSC 152[2003] 1 Qd R248, consideredMarch v Stramare Pty Ltd [1991] HCA 12(1990-1991) 171 CLR 506,appliedState Government Insurance Commission v Stevens Bros Pty Ltd[1984] HCA 32(1984) 154 CLR 552, distinguishedWardley Australia Ltd v State of Western